Missouri Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 925

[SPATS No. MO-029-FOR]

Missouri Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Missouri

regulatory program (hereinafter referred to as the ``Missouri

program'') under the Surface Mining Reclamation Act of 1977 (SMCRA).

Missouri proposed revisions to its statutes pertaining to requirements

and procedures for adoption of new or amended rules. The amendment is

intended to revise the Missouri program to be consistent with SMCRA,

clarify ambiguities, and improve operational efficiency.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Michael Wolfrom, Regulatory Program Specialist, Mid-Continent Regional

Coordinating Center, Alton Federal Building, 501 Belle Street, Alton,

Illinois 62002. Telephone: (618) 463-6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

II. Submission of the Proposed Amendment

III. Director's Findings

IV. Summary and Disposition of Comments

V. Director's Decision

VI. Procedural Determinations

I. Background on the Missouri Program

On November 21, 1980, the Secretary of the Interior conditionally

approved the Missouri program. General background information on the

Missouri program, including the Secretary's findings, the disposition

of comments, and the conditions of approval of the Missouri program can

be found in the November 21, 1980, Federal Register (45 FR 77017).

Subsequent actions concerning Missouri's program and program amendments

can be found at 30 CFR 925.12, 925.15, and 925.16.

II. Submission of the Proposed Amendment

By letter dated March 20, 1996 (Administrative Record No. MO-637),

Missouri submitted a proposed amendment to its program pursuant to

SMCRA. Missouri submitted the proposed amendment at its own initiative.

The proposed amendment concerns changes to the Missouri Surface Coal

Mining Law authorized by Senate Bill No. 3. Missouri proposed to amend

the Revised Statutes of Missouri (RSMo) at sections 444.800.5,

Procedures for suspension and reinstatement of rules; 444.810.2 through

444.810.8, Powers of the commission; and 444.950.2 through 444.950.8,

Requirements and procedures for adoption of new or amended rules.

OSM announced receipt of the proposed amendment in the April 2,

1996, Federal Register (61 FR 14517), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on May 2, 1996.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17, are the Director's findings concerning the

proposed amendment.

1. RSMo 444.800.5 Procedures for Suspension and Reinstatement of Rules

Missouri proposed to remove the provision at section 444.800.5

concerning the authority of the joint committee on administrative rules

to suspend and reinstate a rule based upon specified circumstances.

This provision is duplicative of provisions contained in RSMo 536.024.

Chapter 536, RSMo, Administrative Procedure and Review, contains the

procedures State agencies must follow when adopting, amending, or

rescinding administrative rules or regulations in Missouri.

Since there is no direct Federal counterpart to the deleted

provision, the Director finds that the removal of section 444.800.5

will not render the Missouri program less stringent than SMCRA or less

effective than the Federal regulations.

2. RSMo 444.810.2 Through 444.810.8 Powers of the Commission

Missouri proposed to remove the existing provisions at sections

444.810.2 through 444.810.8 concerning requirements and procedures for

adoption of new or amended rules and to add the following new provision

at section 444.810.2.

No rule or portion of a rule promulgated under the authority of

sections 444.800 to 444.970 shall become effective unless it has

been promulgated pursuant to the provisions of section 536.024,

RSMo.

The existing provisions proposed for removal are duplicative of

provisions contained in RSMo 536.024. Missouri's proposed new provision

appropriately references section 536.024 since all Missouri agencies

that are authorized by constitution or statute to make rules must

comply with the provisions of Chapter 536, RSMo when adopting,

amending, or rescinding administrative rules or regulations.

While there is no direct Federal counterpart to the removed

provisions or to the new provision, SMCRA and the Federal regulation at

30 CFR 732.15(b)(10) require State programs to provide for public

participation in the development and revision of State regulations.

Chapter 536, RSMo provides for the publication in the Missouri Register

of proposed rulemaking and subsequent final orders of rulemaking and

provides for public participation in the rulemaking process.

Therefore, the Director finds that the deletion of the existing

provisions at sections 444.810.2 through 444.810.8 and the addition of

the new provision at section 444.810.2 do not render the Missouri

program less stringent than SMCRA or less effective than the Federal

regulations.

3. RSMo 444.950.2 Requirements and Procedures for Adoption of New or

Amended Rules

Missouri proposed to remove the existing provisions at sections

444.950.2 through 444.950.8 concerning requirements and procedures for

[[Page 38375]]

adoption of new or amended rules; to redesignate sections 444.950.9

through 444.950.11 as 444.950.3 through 444.950.5; and to add the

following new provision at section 444.950.2.

No rule or portion of a rule promulgated under the authority of

sections 444.800 to 444.970 shall become effective unless it has

been promulgated pursuant to the provisions of section 536.024,

RSMo.

The existing provisions proposed for removal are duplicative of

provisions contained in RSMo 536.024. Missouri's proposal new provision

appropriately references section 536.024 since all Missouri agencies

that are authorized by constitution or statute to make rules must

comply with the provisions of Chapter 536, RSMo when adopting,

amending, or rescinding administrative rules or regulations.

While there is no direct Federal counterpart to the removed

provisions or to the new provision, SMCRA and the Federal regulations

at 30 CFR 732.15(b)(10) require State programs to provide for public

participation in the development and revision of State regulations.

Chapter 536, RSMo provides for the publication in the Missouri Register

of proposed rulemaking and subsequent final orders of rulemaking and

provides for public participation in the rulemaking process. Therefore,

the Director finds that the deletion of the existing provisions at

sections 444.950.2 through 444.950.8, the redesignation of sections,

and the addition of the new provision at section 444.950.2 do not

render the Missouri program less stringent than SMCRA or less effective

than the Federal regulations.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received; and because no one requested an opportunity to speak at a

public hearing, no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Missouri program. No comments

were received.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the

written concurrence of the EPA with respect to those provisions of the

proposed program amendment that relate to air or water quality

standards promulgated under the authority of the Clean Water Act (33

U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).

None of the revisions that Missouri proposed to make in this amendment

pertain to air or water quality standards. Therefore, OSM did not

request EPA's concurrence.

Pursuant to 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (Administrative Record No. MO-638). EPA did

not respond to OSM's request.

State Historical Preservative Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit

comments on proposed amendments which may have an effect on historic

properties from the SHPO and ACHP. Since the proposed amendment would

not have any effect on historic properties, OSM did not solicit comment

from the SHPO or ACHP.

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Missouri on March 20, 1996.

The Federal regulations at 30 CFR Part 925, codifying decisions

concerning the Missouri program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

Executive Order 12866

This rule is exempted from review by the Office of Management and

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

Executive Order 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (Civil Justice Reform) and has

determined that, to the extent allowed by law, this rule meets the

applicable standards of subsections (a) and (b) of that section.

However, these standards are not applicable to the actual language of

State regulatory programs and program amendments since each such

program is drafted and promulgated by a specific State, not by OSM.

Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30

CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State

regulatory programs and program amendments submitted by the States must

be based solely on a determination of whether the submittal is

consistent with SMCRA and its implementing Federal regulations and

whether the other requirements of 30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is required for this rule since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory program provisions do not

constitute major Federal actions within the meaning of section

102(2)(C) of the National Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain information collection requirements that

require approval by OMB under the Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has determined that this rule will

not have a significant economic impact on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The State submittal which is the subject of this rule is based upon

corresponding Federal regulations for which an economic analysis was

prepared and certification made that such regulations would not have a

significant economic effect upon a substantial number of small

entities. Accordingly, this rule will ensure that existing requirements

previously promulgated by OSM will be implemented by the State. In

making the determination as to whether this rule would have a

significant economic impact, the Department relied upon the data and

assumptions for the corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 925

Intergovernmental relations, Surface mining, Underground mining.

[[Page 38376]]

Dated: July 3, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR Part 925 is amended

as set forth below:

PART 925--MISSOURI

1. The authority citation for Part 925 continues to read as

follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 925.15 is amended by adding paragraph (v) to read as

follows:

Sec. 925.15 Approval of regulatory program amendments.

* * * * *

(v) Revisions to the Revised Statutes of Missouri (RSMo) at

sections 444.800, 444.810, and 444.950 as submitted to OSM on March 20,

1996, are approved effective July 24, 1996.

[FR Doc. 96-18613 Filed 7-23-96; 8:45 am]

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